NECESSITY,
FUNCTION, AND CONFORMITY: KRS 7.110(1) requires the Legislative Research
Commission (LRC) to promulgate necessary administrative regulations relating to
the accession of those public records in machine readable form that LRC is
empowered to inspect. KRS 48.800(5) requires each branch of government to make
available public records relating to budgeting in machine readable form, to
facilitate their accession by means of electronic data processing procedures
employed by the LRC. KRS 61.870 to 61.884 authorizes the inspection of public
records, and provides exceptions. This administrative regulation defines
essential terms and sets forth general provisions which apply to all public
agencies, and their respective budget units that produce machine readable
public records subject to inspection by LRC.

Section 1.
Applicability. Public records accession administrative regulations shall apply
to all public agencies of government and budget units thereof, which utilize
electronic data processing equipment and procedures to process public records.

Section 2.
Definitions. (1) "Agency contact" means computer programming and
operations personnel designated by the official custodian to work with the
Legislative Research Commission to expedite a request.

(2) "Budget
unit" means any subdivision of any branch of government, however
designated, for which appropriations are requested.

(3)
"Computer" means a device capable of accepting information, applying
prescribed processes to the information, and supplying the results of these
processes. It usually consists of input and output devices, storage,
arithmetic, and logical units, and a control unit.

(4)
"Custodian" means the official custodian or any authorized person
having personal custody and control of public records.

(5)
"Data" means any or all facts, numbers, letters, and symbols, or
facts that refer to or describe an object, idea, condition or situation, which
can be processed or produced by a computer.

(6) "Data
processing" means the preparation of source media which contain data or
basic elements of information, and the handling of such data according to
precise rules of procedure to accomplish such operations as classifying,
sorting, calculating, summarizing, and recording.

(7)
"Electronic data processing" means data processing performed by a
system of electronic or electrical machines so interconnected and interacting
as to reduce to a minimum the need for human assistance or intervention.

(8)
"Documentation" means the historical reference and group of
techniques necessary to detail the structure, organization, and presentation of
recorded specialized knowledge in machine readable form.

(11)
"Legislative Research Commission" means the Legislative Research
Commission, its co-chairmen or director, any other member of the General
Assembly authorized by the director, or any employee authorized by the
director.

(12) "Machine
readable" means information in the form of magnetic code or optical image
that can be processed directly by computers and other related machines.

(13)
"Official custodian" means the chief administrative officer or any
other officer or employee of a public agency who is responsible for the
maintenance, care and keeping of public records, regardless of whether such
records are in his actual personal custody and control.

(14) "Public
agency" means every state or local office, state department, division,
bureau, board, commission and authority; every legislative board commission,
committee and officer; every county and city governing body, council, school
district board, special district board, municipal corporation, and any board,
department, committee, subcommittee, ad hoc committee, council or agency
thereof; and other body which is created by state or local authority and which
derives at least twenty-five (25) percent of its funds from state or local
authority.

(15) "Public
record" means all official books, papers, exhibits, cards, tapes, discs,
diskettes, readings, electronic images, electronic optical images or
documentary materials regardless of physical form or characteristics, which are
prepared, owned, used, in the possession of, received or retained by a public
agency.

(16) "Read
only access" means the ability to enter and make use of data stored in
machine readable files, without altering its contents or form, or the file structure.

Section 3. Right
to Inspection. (1) All public records in machine readable form not subject to
restrictions provided in KRS 61.870 to 61.884 shall be made available by each
public agency for inspection by the Legislative Research Commission. The
official custodian of each public agency shall maintain and make available for
copying a list, updated annually, detailing all computerized record systems and
describing the machine readable records therein. This list shall be developed
using records management standards established by the Department of Libraries
and Archives pursuant to KRS 171.520 and 171.530.

(2) The
Legislative Research Commission shall have the right to inspect public records
in machine readable form. The Legislative Research Commission shall notify the
official custodian of its intention to inspect records and shall describe the
records to be inspected. Within three (3) days of receiving the request, the
official custodian shall instruct public agency personnel responsible for computer
programming and operations to meet with Legislative Research Commission
personnel at the earliest mutually agreeable time. When the assistance of the Department
of Information Systems is necessary in order to comply with the Legislative
Research Commission's request, Department of Information System personnel shall
attend the meeting at the direction of the agency contact.

(3) All meetings
pursuant to this administrative regulation shall be for the purpose of defining
the scope of the intended record inspection. Accordingly, meeting discussions
shall include, but shall not be limited to, the following considerations:

(a) The
feasibility of read only access;

(b) The manner in
which the Legislative Research Commission plans to access the desired records;

(c) The manner in
which the public agency will make access available;

(d) The
characteristics and validity of the data to be accessed;

(e) The format and
structure of records files;

(f) The time
period access is to be valid, if access is feasible;

(g) The security
requirements for file access;

(h) The level of
effort, cost and time required to expedite the request;

(i) A mutually
agreed upon priority assignment to expedite the request in a timely fashion.

(4) If the person
to whom the application for inspection is directed does not have custody or
control of the public record requested, he shall notify the Legislative
Research Commission and shall furnish the name and location of the custodian of
the public record.

(5) If the public
record is in active use, in storage or not otherwise available, the official
custodian shall immediately notify the Legislative Research Commission and
shall designate a place, time and date for inspection of the public records,
not to exceed three (3) days from the receipt of the request or the
application, unless a detailed explanation of the cause is given for further
delay and the place, time and earliest date on which the public record will be
available for inspection is indicated. If the official custodian refuses to
comply or determines the public agency cannot comply with the Legislative
Research Commission's request to inspect records pursuant to meeting with
Legislative Research Commission personnel, then he shall, within three (3) days
following the meeting, provide a detailed explanation of the cause for
noncompliance to the Legislative Research Commission personnel initiating the
request.

Section 4. Copies
of Records. Upon inspection, the Legislative Research Commission shall have the
right to make copies of any machine readable public records and related
documentation. If electronic data processing equipment utilized by LRC at the
time of the request cannot provide such copies, the custodian shall make
available to the Legislative Research Commission duplicates of the records
inspected.

Section 5. Agency
Procedures. In order to insure efficient and timely action in response to a
request for inspection, each public agency shall provide the following
information to the Legislative Research Commission:

(1) The principal
office of the public agency and its regular office hours;

(2) The title and
address of the official custodian of the public agency's records;

(3) The
procedures, consistent with this administrative regulation, to be followed in
requesting access to public records in machine readable form. The cabinet for
finance and administration may promulgate uniform administrative regulations
governing theses procedures. (12 Ky.R. 456; eff. 11-12-1985.)